JUDGMENT Mansoor Ahmad Mir, Acting Chief Justice. By the medium of this appeal, the appellant-writ respondent No. 5 has questioned the Order and judgment dated 11th October, 2012, passed in CWP (T) No. 8821 of 2008, whereby appointment of appellant-writ respondent No. 5 as Part Time Water Carrier was quashed and set aside and writ respondents No. 1 to 3 were directed to offer appointment to the writ petitioner as Part Time Water Carrier, in terms of the impugned judgment. 2. The main ground taken in this appeal is that the writ petitioner, namely, Satya Bhushan, had passed away, when the matter was heard and the impugned judgment was made. 3. We have gone through the impugned judgment. 4. It appears that the Writ Court has lost sight of the fact that the writ petitioner had died at the time of hearing of the writ petition and even at the time of making the impugned judgment. The writ petition had to abate in terms of mandate of Order XXII Rules 1 & 3 of the Code of Civil Procedure, for short “the CPC” 5. It is apt to reproduce Order XXII Rules 1 & 3 of the CPC herein: “Order XXII Rule 1: No abatement by party’s death if right to sue survives.-The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.” “Rule 3. Procedure in case of death of one of several plaintiffs or of sale plaintiff- (1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit. (2) Where within the time limited by law no application is made under sub-rule (1) the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may award to him the costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased plaintiff.” 6. Keeping in view the mandate and provisions of law, right to sue does not survive, the writ petition has abated and the impugned judgment is nullity. Accordingly, the appeal is allowed and the impugned judgment is set aside as the writ petition has abated. 7. Be consigned to records.